I’m in Canada. How do I apply to stay permanently on H&C grounds?
Question & AnswerI’m in Canada. How do I apply to stay permanently on H&C grounds?
1. Get legal advice
Get legal advice before making a .
A lawyer who knows immigration law can tell you whether there's a chance that your H&C application will be successful.
They can also tell you whether making an H&C application is your only option.
Depending on your situation, there may be other ways for you to apply for permanent residence in Canada. For example, if your reasons for making an H&C application might also be the basis for making a refugee claim, a lawyer can help you decide which option is best for you.
If you gave information in the past
If you gave information to immigration authorities in the past, Immigration, Refugees and Citizenship Canada (IRCC) can compare your H&C application with that information. For example, you might have applied for a visitor's visa or made a refugee claim.
If there are any differences, IRCC may decide that you're not telling the truth. This can lead to IRCC refusing your application. A lawyer may be able to help you to explain these differences to IRCC.
If you’re inadmissible to Canada
If you're , a lawyer can tell you what your options are. Making an H&C application might not be the best thing for you to do.
And if you make an H&C application, you have to ask IRCC to accept your application, even though you're inadmissible. A lawyer can help you do this.
It might be a good idea to include an application for a Temporary Resident Permit with your H&C application. But you need legal advice to find out if you should do this.
If you make a mistake in your application or don't include strong to support your application, IRCC may refuse your application. A lawyer who knows immigration law can help you avoid mistakes and include evidence that helps you.
Risk of being removed or detained
Making an H&C application does not give you the right to stay in Canada until you get a decision. A lawyer who knows immigration law can tell you if you're at risk of being removed from Canada.